America and West Indies: January 1680

Pages 465-476

Calendar of State Papers Colonial, America and West Indies, Volume 10, 1677-1680. Originally published by Her Majesty's Stationery Office, London, 1896.

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January 1680

1680. Jan. 5.
1252. Governor Sir William Stapleton to Lords of Trade and Plantations. I enclose the Acts of the Island of Antigua. I understand that the map of the Island is miscarried; it was sent by one Wilkinson, Master of the Golden Lion, who ran away in the Downs having defrauded the Royal African Company of their right in his trust. I hope by this time it has reached you from him. I also enclose some particulars of the National Commissioners upon St. Christopher's importing particular grievances (see No. 1312). The French general made restitution of the ship demanded in my 8th article, so that may be obliterated. I beg for the King's orders as to what I am to do in respect of a French man-of-war which daringly or in gasconnade comes within range of our guns, and will not strike to the King's flag on our forts, or rather platforms, for they do not deserve that denomination. The French have orders to chase or sink all strange vessels that approach their Islands, as if they must not even be looked upon; so I am resolved to fire at them until I am otherwise ordered. They aim at nothing less than the capture of all British possession in these seas. Holograph. Signed, Wm. Stapleton. Inscribed, Received 3 March. Read 8 March. 1 p. [Col. Papers, Vol. XLIV., No. 1, and Col. Entry Bk., Vol. LXVI., pp. 414–416.]
Jan. 6.
1253. Governor Cranston, in the name of the General Assembly of Rhode Island, to the King. Prays that the King will not receive any information against them till they have opportunity to answer in their defence. Would have represented the disturbances and interruptions they have received from Connecticut in humble addresses, but are very much incapacitated to effect the same, by reason of the great ruins received by the late war, whereby they have been constrained to sit under the burthen of many annoyances for want of ability to present their grievances to the King. Had often offered to represent the matter of their difference with Connecticut, but they would not condescend thereunto; but now having received intimation from them of their intention to send an agent, but no account of the time when they would send, pray that they may have time and opportunity to make their reply. Postscript.—According to the King's letter of 9th July 1679 concerning verdicts of jury and judgments of an especial Court of Commissioners in favour of William Harris and petitioners, held at Providence on 3rd October 1677, against John Towers of Hingham, Mr. Gregory Dexter, Captain Arthur Fenner and the town of Providence, John Harrod, Roger Burlingham, Thomas Relph and Edmund Calverly, present their proceedings, which they would have sent in the ship that William Harris lately went for England in, but William Harris was so secret and private in his voyage that he never came to them to know what they had done. Endorsed, "Recd. from the E. of Sunderland, 30 June 1680." 1 p. With seal. [Col. Papers, Vol. XLIV., No. 2, and Col. Entry Bk., No. LXI., p. 73.]
1254. Order of the King in Council. After reading of Sir William Stapleton's letter of 6th October 1679 (ante, No. 1137) respecting the seizure of the ship William and Edward, Ordered, that Mr. Secretary Coventry represent the matter to the French envoy in England and direct the English envoy at the Court of France to demand speedy reparation for the same; also that Sir William Stapleton be ordered to use no means for recovery of the said ship till further order. 2 pp. [Col. Entry Bk., Vol. XLVI., pp. 404-406.]
1255. Heinsius, Dutch Governor of Surinam, to Governor Sir William Stapleton. Respecting the English families left therein. Has received Stapleton's letter by the Deptford ketch, asking that the British subjects may be allowed to depart with goods and families, but having received no instructions from the States cannot allow more to go than Captain James [Aire] can carry in the Deptford. Signed. 1½ pp. Dutch. [Col. Papers, Vol. XLIV., No. 3.]
Jan 12. 1256.Letter of the King to New Plymouth with a grant of Mounthope and promise of a new Charter, embodying the report of the Committee of 4th December 1679. Signed, H. Coventry. 3 pp. [Col. Entry Bk., Vol. LX., p. 315.]
Jan. 12.
St. Mary Axe.
1257. Alderman John Jeffreys to Madam Susan Jeffreys. Is ready to pay the money deposited by Colonel Bacon in his hands, but cannot part with it until His Majesty declare his pleasure whether it belongs to Lady Berkley, or to herself. If thought convenient will wait upon the Lords herein. [Col. Papers, Vol. XLIV., No. 4.]
Jan. 12.
Plantations General.
1258. An account of money paid out of the Exchequer for His Majesty's use in America,—
£ s. d.
To the Duke of York for New York 1,000 0 0
To Sir Jonathan Atkins, Barbadoes 800 0 0
To Sir William Stapleton, Leeward Islands 700 0 0
For two extra companies, Leeward Islands 2,778 10 8
for the officers and companies. Also 2,500l. has been paid for Colonel Herbert Jeffrey's regiment in Virginia, and other sums for Virginia, and for the arrears of Sir Tobias Bridge's regiment. Signed, R. O. Howard. Summary in the margin in the handwriting of William Blathwayt. 1 p. [Col. Papers, Vol. XLIV., No. 5.]
Jan. 13.
1259. Journal of Lords of Trade and Plantations. Report prepared for prosecuting the Bermuda Company by a Scire Facias or Quo Warranto, upon their refusal to submit their differences to the decision of the Committee, read and approved.
Mrs. Jeffreys informed the Committee that having delivered the Order in Council of 12th December to Mr. Alderman Jeffreys, he had refused to take security of her for 300l. to be paid by him for salary due to her husband. Ordered, that she bring good security to the Council Board to answer Lady Berkeley's suit, whereupon Alderman Jeffreys will be ordered to pay her the money without taking security. Memorandum that this was done on the 16th instant.
Sir Francis Chaplin, Sir Charles Modyford, and other merchants and planters of Jamaica, attend according to summons, and being questioned, reply that the Island is full of fears, by reason both of a French fleet and of the change in the Government. Thereupon their Lordships explain the grounds for His Majesty's late orders as given in Report of 28th May last (ante, No. 1009). The merchants reply only that formerly no laws passed without the Governor's consent, and that they hope distinction will be made between Jamaica and Ireland; whatever hardships are put on them by the Governor they dare not complain, lest they should be ruined as many have been. The late vote concerning the revenue being read to them, the merchants say they cannot answer for the actions of other men. Being informed that by the King's last orders they were to be governed by the laws of England, they say that they believe the people will be satisfied with them if they cannot obtain their old form of Government. They then withdrew, and their Lordships agreed on their Report as to instructions to be given to Lord Carlisle (see next abstract).
Letter from Sir Jonathan Atkins of 16th October last in answer to their Lordships' of 15th July read, which their Lordships do not esteem satisfactory, and order a letter to be prepared to him signifying that their Lordships expect a better compliance with their desires, or that else they shall be obliged to appoint some other person to supply his place. He is likewise to be informed of the new rules for correspondence of Governors, Council, Secretaries, and Clerks of Assembly, and for the presence of ministers at Vestry meetings. The like instructions were sent to the other plantations. [Col. Entry Bk., Vol. CVI., pp. 114–118.]
Jan. 13.
Council Chamber.
1260. Report of Lords of Trade and Plantations to the King in Council. We have received several letters from Lord Carlisle, dated September last, which show the Island to be in a very unsettled condition. But as the Assembly was prorogued till 28th October, at which time it was to consider your Majesty's orders of 28th May, we forbear to offer further advice till we hear news of its proceedings. For the present, therefore, we recommend only that Lord Carlisle be directed, through Sir Francis Watson (who is suddenly returning to Jamaica), to pass no law whatever for public revenue (except in case of rebellion or invasion only) otherwise than by the Act transmitted by your Majesty under the Great Seal, and in all other matters to obey the orders of 28th May. Signed, Anglesey, J. Bridgwater, Worcester, Henry Coventry, Fauconberg. "Read in Council 14 Jan., 1679–80."
Order in Council that Mr. Secretary Coventry do write to Lord Carlisle pursuant to this report. 14th January. [Col. Papers, Vol. XLIV., No. 6, and Col. Entry Bk., Vol. XXIX., pp. 342, 343.]
Jan. 14. 1261. Lords of Trade and Plantations to Governor and Council of Jamaica. The growing importance of the Colonies requires that we, who are entrusted by the King with the care of the Plantations, should have frequent accounts by many hands of all that happens thereon. The King's commands therefore are, that you furnish us quarterly with a particular account and journal of all matters of importance, and especially of proposals and debates in Council, and of affairs concerning trade, such journal to be signed by the Governor and all the Councillors jointly, and a duplicate thereof to be sent by the next succeeding conveyance. You will take care, for the due execution of this order, that this letter be registered in the Council Book of your Government. Signed, Anglesey, Bath, Bridgewater, H. Coventry, T. Chicheley, Essex, L. Hyde, H. London, Sunderland, Winchester, Worcester. 2 pp. [Col. Entry Bk., Vol. XXIX., pp. 353–355.]
Jan. 14. The like letter to Governor and Council of Barbadoes. [Col. Entry Bk., Vol. VI., pp. 300–302.]
Jan. 14. The like to the Deputy Governor and Council of each of the Leeward Islands. [Col. Entry Bk., Vol. XLVI., pp. 406, 407.]
Jan. 14. The like to Governor and Council of Virginia. [Col. Entry Bk., Vol. LXXX., p. 400.]
Jan. 14.
Council Chamber.
1262. Lords of Trade and Plantations to the Secretary of Jamaica. Ordering him to furnish copies of abstracts of all important papers that come before him, and to enter this letter in the books of his office. Signed, Anglesey, J. Bridgewater, Hen. Capel, Cavendish, H. Coventry, Fauconberg, Finch, L. Hyde, H. London, H. Powle, Worcester. 1 p. [Col. Entry Bk., Vol. XXIX., p. 355.]
Jan. 14. The like letter to the Secretary of Barbadoes. [Col. Entry Bk., Vol. VI., p. 303.]
Jan. 14. The like to the Secretary of the Leeward Islands. [Col. Entry Bk., Vol. XLVI., p. 408.]
Jan. 14. The like to Secretary of Virginia. [Col. Entry Bk., Vol. LXXX., p. 400.]
Jan. 14. 1263. Lords of Trade and Plantations to Clerk of Assembly of Jamaica. Ordering him to furnish copies of the Journals and Proceedings of the Assembly once a quarter, and enter this letter on the books of the Assembly. Signed as the preceding, with the addition of Lord Bath's signature. 1 p. [Col. Entry Bk., Vol. XXIX., p. 356.]
Jan. 14. The like letter to the Clerk of Assembly of Barbadoes. [Col. Entry Bk., Vol. VI., p. 304.]
Jan. 14. The like to the Clerks of Assembly in the Leeward Islands. [Col. Entry Bk., Vol. XLVI., p. 409.]
Jan. 14. The like to Clerk of Assembly of Virginia. [Col. Entry Bk., Vol. LXXX., p. 400.]
Whitehall. Plantations General.
1264. Order of the King in Council. On a motion made this day by the Lord Bishop of London concerning the state of the Church in His Majesty's Plantations:—Ordered that the Lords of Trade and Plantations signify His Majesty's pleasure unto His respective Governors in America, that every Minister within their government be one of the Vestry in his respective parish, and that no vestry be held without him except in case of sickness, or that after notice of a vestry summoned he absent himself. [Col. Entry Bk., No. XCVII., p. 75, and Col. Papers, Vol XLIV., No. 6a.]
Jan. 14.
1265. Order of the King in Council on Report of the Lords of Trade and Plantations. The despatches from Jamaica still show affairs therein to be in an unsettled state, but as the Assembly was to meet on the 28th October and consider the King's order of 28th May, the Lords defer all advice until they receive information of the Assembly's proceedings which are daily expected. Meanwhile they recommend that instructions be sent to Lord Carlisle by Sir Frances Watson, who is returning to Jamaica, to make no order whatsoever for raising public Revenue, except in case of rebellion and invasion only, otherwise than by the Act transmitted by His Majesty under the Great Seal, until the King's pleasure be further known. On all other points the orders of 28th May to be duly pursued. Signed, Anglesey, J. Bridgewater, Worcester, Fauconberg, Henry Coventry. Ordered, That Mr. Secretary Coventry do signify His Majesty's pleasure to Lord Carlisle pursuant to above Report. 1½ pp. [Col. Entry Bk., Vol. XXIX., p. 342.]
Jan. 15. 1266. Sir Robert Southwell to [William Blathwayt]. In reply to the question of the Lords of Trade and Plantations respecting the inquiries sent over by Sir Thomas Warner to Barbadoes. About the month of March 1676 Sir Thomas Warner, Barrister of the Temple, came and told me that he had a purpose to go to Barbadoes and the Leeward Islands, and return as soon as he had despatched his business, and desired to know if he could be of service to me. I cannot well recollect whether I informed their Lordships, but I am sure that I acquainted Sir Joseph Williamson, then Secretary of State (who you know was not very attentive to the business of the Plantations), and represented to him that this gentleman, being the son of Sir Thomas Warner, who discovered those parts, seemed to' speak very knowingly about them. Mr. Secretary bade me not omit that or any like occasion to engage such a man with correspondence, for that variety of information was valuable. Accordingly, in compliance with his request, I gave him some general queries for the better guidance of his observation on the 11th April, as will appear by the draft of my letter, which was copied by one of the clerks in the office. Con sidering how anxious their Lordships were for information, and how little was forthcoming, I thought that I did the King a service. I drew several queries, by Secretary Coventry's command, for Mr. Randolph, who was sent to New England, and his answers were valuable; but I have heard nothing from Sir Thomas Warner since he went, which I imputed to his caution for fear of offending Sir Jonathan Atkins, which it seems his inquiries did. Signed. 1½ p. [Col. Papers, Vol. XLIV., No. 7.]
Jan. 15. 1267. Memorandum of Lords of Trade and Plantations. Sir Leoline Jenkins was this day added to the Committee. [Col. Entry Bk., Vol. CVI., p. 122.]
Jan. 16. 1268. Order of the King in Council. On petition of Bartholomew Price, Administrator to Lieutenant-Governor Herbert Jeffreys, 300l. to be forthwith paid to said Price, he having given security to the Clerk of the Council for repayment of the same according to His Majesty's directions upon any future determination. [Col. Entry Bk., Vol. LXXX. pp. 399–400.]
Jan. 16.
1269. Lords of Trade and Plantations to Governor Lord Carlisle. We have received your letters of 10th, 13th July, 13th August, and 15th, 17th, 24th September, and are sorry to learn from them the jealousy of the Assembly towards the new Government. We hope that by their meeting in October they may have more seriously reflected on their own interest and their duty to the King. We were not a little surprised to find the term of the Revenue Bill reduced to six months though "for His Majesty, his heirs and successors," the preamble settled by the Council here omitted, and other irregularities. As the Bill bears no marks of their benevolence it cannot deserve the Royal thanks. It is a matter of wonder, too, that the clause exempting Jamaica ships from all impositions should be retained therein, though omitted in the Act transmitted by the King, after much deliberation, and upon the advice of the Commissioners of Customs that no such distinctions should be drawn, but that either the shipping of England should be exempted, or the Jamaica shipping should be liable to the same payments. Nor again can we understand the imposition on French wines for six months when the importation thereof is inconsistent with existing Acts of Parliament. We have also considered the vote of the Assembly touching the rise, disposal, and manner of accounting for the revenue, but we can take no decision as to these exorbitant measures until we hear of the Assembly's action on the King's orders of 28th May, and can therefore convey to you by Sir Francis Watson no instructions except the following (see ante, No. 1260). As to the supply of powder and ammunition for which you ask, we have consulted your letters and the Commissioners of Ordnance thereupon, but finding that you have not given us the information as to the present state of the forts required by your instructions, we could not recommend further expense therein without fuller assurance of its necessity, especially since the return of Count d'Estrées's fleet to Europe. As to the request for fifty recruits to be sent to you we have read a report from the Deputy Commissary of Musters concerning the state of the two foot companies, by which it appears that no muster rolls from them have reached him since 1st January last, at which time, as well as at the two previous musters, the companies were complete. We therefore see no sufficient reason to send over more men. We have considered your representations of the great abuses and affronts that the Spaniards have put upon his subjects. We are laying the same before His Majesty for speedy satisfaction and redress, demanding not only that the logwood and cacao seized at sea may be restored, but that all English ships may for the future be permitted to pass without molestation with their lading of these commodities. We have long been sensible of your difficulties, both in relation to the subsistence of the two foot companies and the arrears of the Government, and have recommended the whole state thereof to the Commissioners of the Treasury. But we have not yet received any reply to the enquiries recommended by us nor any attention to the directions for correspondence between us that are prescribed by your instructions, and we cannot think that either your difficulties or your apprehension of coming dangers have been so great as to excuse you, nor have we required anything of you that is unfit to be known by us. We cannot think the length of time and expense of surveys sufficient reasons to hinder your compliance, and if, as you say, there are parishes without ministers and without registers, we are none the less anxious to receive account of them, that these defects may be the sooner supplied. We therefore not only refer you once more to our letter of 3rd May, but have ordered the heads of information as to the state of Jamaica in the Plantation Office and others of the same kind, to be extracted and sent to you for your better guidance in supplying us with the freshest estimates, accounts, and information. And we also desire the list of the general musters throughout the Island to be transmitted to us as they were by Sir Thomas Modyford. Such information is so essential to His Majesty's service that the King has ordered each Governor with his Council to keep a journal of all important matters, and to send it to us quarterly. A particular letter will give you fuller instructions. The Secretaries of the Colonies have also been ordered to send us such of the papers that pass through his hands as ought to come under their notice; and the Clerks of Assembly have likewise orders to furnish us with a journal of their proceedings. The Governors, however, are not hereby excused from corresponding with us as before ordered and furnishing full information. Moreover, occasion having risen over the appointment of a clerk of fairs and markets and a clerk of the peace in Jamaica, the King has ordered a thorough inspection of all offices in the Colonies, that he may be able to distinguish which should be filled by the Governor and which by himself. You will therefore furnish us with full particulars of all public offices and places of trust in your Government, stating by what authority, for what term and for what estate they are held, and whether it be expedient that the King or the Governor should fill it. We are further to inform you that no office in your Government may be disposed of for gain, but solely with reference to the qualification of the officer. We also expect from you full particulars of the quit-rents of Jamaica, how much of the land is patented, manured, or uncultivated, the price of lots, names of purchasers, &c. Lastly, we are to direct you, seeing that it is your special duty to take care of the Church, to order forthwith that every minister be one of the vestry of his parish; that no vestry, unless in case of his sickness, be held without him, and that no minister after vestry summoned shall absent himself. Signed, Anglesey, Sunderland, H. London, Worcester, J. Bridgewater, L. Hyde, Winchester, Essex, H. Coventry. 9 pp. [Col. Entry Bk. Vol. XXIX., pp. 344–353.]
Jan. 16. 1270. Lords of Trade and Plantations to Governor Sir Jonathan Atkins. By your letter of 16th October last we learn the receipt of ours of 24th July, with another from His Majesty, the matter whereof, except in relation to the 4½ per cent. duty, you take no notice of. Nor do you mention the occasion of the delay to our packet, by naming the ship or otherwise, that we might be able to prevent the like inconvenience in the future. You have now a sufficient testimony by that formidable Act (as you think fit to call it) of the mischief that attends your concealing from us what we have continually demanded, and we could well wish that the confession of your error would produce a further amendment; but we have the less reason to hope for it since you continue to tell us that you know of no other Acts that are withheld except they be temporary Acts, made only for three or six months, while you cannot but remember our former letters wherein we most earnestly desired of you the transmission of all laws of what kind and duration soever, and that our last letter of 25th July not only shows the inconvenience of such temporary laws, but also provides against them, which might have obliged you to have sent us copies of them also. Besides we affirm to you that we have received none of later date than 2nd October 1678, though we are well informed that divers Assemblies have met and laws passed since that time. Indeed, it is not a little strange that, though you say you could give reasons for your action if you were nearer, yet at this distance you can give none at all. Again you tell us that it was not the practice to affix the seal to laws transmitted to England, though we gave you an instance in our last letter. Why the sealing should occasion the re-writing of the laws passes our comprehension, for it is easy to affix a seal by a ribbon or otherwise to any number of laws without writing them over again, as was done in the Act instanced above. You then renew your complaint about the queries given to Sir Thomas Warner, which you endeavour to object to as a great fault on our parts, but we will content ourselves to let you know that the matter is not truly represented by you, since neither were the same inquiries addressed to you, nor required particularly for Barbadoes. Your assurance that during your term of government the King's honour has been upheld, the Church, the Magistracy, the course of Judicature well cared for, the claimers of debts stopped, the Island well fortified, and the Militia in good order, depends only on your own word, which has already disappointed us, and leaves us only occasion to desire from you a proof in writing of this happy state of things in answers to the several heads of inquiry. While you are Governor we shall always consider you as such, and we shall be able, when you comply with our demands, to distinguish the statements of merchants from the more solid information which we have constantly required of you in vain You have also omitted to acquaint us with the reason of the Assembly's meeting and the names of the members, according to the orders given to you; but, to put an end to the style of controversy which you so studiously affect, we assure you that, unless henceforth we find in you a punctual compliance with our desires, we shall deem future correspondence with you impracticable, and shall be obliged to advise the King to appoint another Governor. Meanwhile we have to inform you that the King has given orders to the Governors, jointly with their Councils, to send home every quarter a journal of important occurrences, to the Clerks of Assembly to send their journals likewise, and to the Secretaries also to report as to the proceedings that come under their hands. The King has also required of us, in view of certain abuses, to hold an inspection of the various offices in your Colony to decide which shall be appointed by the Governor and which by himself, on which matter you will report. You will also take care that, in the interests of the Church, every minister shall henceforth be a member of his parish-vestry, and that, except in case of his sickness, no meeting of the vestry shall be held without him. Signed, Anglesey, Bath, Bridgwater, Essex, H. London, H. Powle, Sunderland, Winchester, Worcester. 7½ pp. [Col. Entry Bk., Vol. VI., pp. 305–313.]
[Jan. 16] 1271. Petition of John Culpeper to the King in Council. That upon a complaint of Thomas Miller, and by order of the King in Council, he has been in custody of a messenger upwards of 20 days. Prays for his discharge, or that Miller may give security for the payment of the petitioner's charges if proved innocent. [Col. Papers, Vol. XLIV., No. 8.]
[Jan. ?] 1272. Extract out of the Books of Jamaica, in the Plantation Office, of heads answered by Sir Thomas Modyford. A form for making Returns of Military force, Ordnance, Shipping, Revenue, Expenditure, and Land alienated. Draft, with corrections in the Secretary's hand, whereof a copy was probably that enclosed to Lord Carlisle in letter of 16th January (ante, No. 1269). 3½ pp. [Col. Papers, Vol. XLIV., No. 9.]
Jan. 17.
1273. William Blathwayt to Mr. Guy. Transmitting an Act passed in Barbadoes for repeal of the 4½ per cent. duty, for the opinion of the Commissioners of the Treasury. Copy. [Col. Papers, Vol. XLIV., No. 10.]
[Jan. 19.] 1274. Petition of Thomas Miller to the Commissioners of the Treasury. Petitioner was appointed Collector of Customs in Albemarle County, Carolina, in 1677, and arrived there in July 1677, but in December following was seized, robbed of all his books and papers, and put in irons by the rebels under John Culpeper and Zachary Gilham. Subsequently he made his escape and arrived in England in December 1679, where he now is in great poverty. Prays that Culpeper and Gilham may be examined by the Council, petitioner having counsel assigned to him to prosecute, and that he and his deputy may have an allowance for their relief. 1 p. Endorsed, With a minute referring the petitioner to the Commissioners of Customs. Signed, Hen. Guy, dated 19th January 1659. [Col. Papers, Vol. XLIV., No. 11.]
Jan. 20. 1275. Minutes of Council of Barbadoes. The Assembly being come Mr. Speaker represented a grievance to the town and port of St. Michael's, by the bringing in of ships upon the bar, laying them aground and then breaking them up, by means whereof the harbour is spoiled.
Jan. 21. Henry Walrond, John Witham, Richard Howell, and Edwyn Stede appointed a Committee to inspect the rules of the High Court of Chancery, and the fees of the officers, and to report and recommend to the Council thereon with all convenient speed. [Col. Entry Bk., Vol. XI., pp. 305 and 311.]
Jan. 20. 1276. Journal of Assembly of Barbadoes. Debate on the Governor's proposed amendment on the Act about distresses for damage feasant. Reasons for disagreeing with the same. Petition of the gunners and matrosses for their salaries. The Governor asking from what fund they shall be paid, the Assembly answers that, failing the 4½ per cent. duty, a special levy be made for the purpose.
Jan. 21. Debate on the means of raising the above money. Ordered, that it be by levy of 2 lbs. of sugar per acre; the town to pay in proportion, that the Leeward fortifications may be finished. Act to this purport passed. [Col. Entry Bk., Vol. XIII., pp. 372–375.]
Jan. 21.
Whitehall. Plantations General.
1277. Order of the King in Council. On report of the Lords of Trade and Plantations that the Somers Islands Company resolve to submit to the determination of the law all differences respecting the said Company. Ordered, That Sir Creswell Levins, AttorneyGeneral, bring a quo warranto or scire facias against the Company's charter pursuant to Order in Council of 12th November 1679. [Col. Entry Bk., Vol. XVII., pp. 83–84.]
Jan. 22. 1278. Commissioners of Customs to Commissioners of Treasury. Report on petition of Thomas Miller [ante, No. 1274] recommending that it be granted. 2 pp. Annexed,
1278. i. Sworn statement. Account of the sums held in money and bonds by Thomas Miller at the time of his imprisonment by Culpeper. 1½ pp. 21st January 1679–80.
1278. ii. Presentment of the Commissioners of Customs concerning the proceedings of John Culpeper in robbing Thomas Miller of the sums specified in preceding paper. Copy. 1 p. [Col. Papers, Vol. XLIV., Nos. 12, 12 I., II.]
Jan. 23.
1279. Lords of Trade and Plantations to Governor Sir William Stapleton. Your letters of 15th March, 1st and 18th June, 15th July, and 6th October received. We have submitted your plan for a fort at Nevis to the King, and advised him to give orders not only for the erection of one good fort in each Island, but also to contribute to the cost of the same out of the 4½ per cent. duty. We thought this the more necessary since the French King has refused to ratify the Treaty of Neutrality concluded by you. The King has accordingly ordered 1,500l. to be paid to you out of the 4½ per cent. duty. We also laid before the King your request for a frigate in time of peace and a squadron in time of war, but the King having ordered the Deptford ketch to attend you, no further directions can be given. We have received the King's orders to express to you his good liking of your proceedings to vindicate his Honour against the insolent behaviour of the French ship commanded by the Count de Sourdis. You are to assert his Honour with the same vigour in future. As to the seizure and confiscation of English sugars by the French, without reference to the National Commissioners, the King has ordered application to be made at the Court of France, and to the French ambassador here, for satisfaction and for immunity from such outrage in future. We notice however that, by the sentence of the French Judge, the seizure was made upon pretence that the goods had been brought in a Dutch ship from St. Eustatius to St. Christopher's. We therefore think it necessary for you to certify us whether any such foreign ship has so traded, and to prevent such irregularities in future. Your last letter of 6th October informs us of the seizure and confiscation of the ship William and Edward. The King has ordered application to be made to the French Court for satisfaction, and meanwhile you will take no forcible measures of reprisal. The King has ordered that each Governor with his Council shall keep a journal of occurrences, and transmit the same quarterly; also that the Secretary and Clerk of Assembly furnish us with reports likewise. Hitherto you have given us very satisfactory accounts, and we look for continuance thereof. The King has also ordered an inspection of all public offices in the Colonies to distinguish which should be granted by the King and which by the Governor. You will report to us fully on the subject, and dispose of no place for gain but with regard to merit only. You will also see that every minister is a member of his parish vestry, and that no vestry be held without him. We must bear testimony to Mr. Joseph Crispe's diligence and care in endeavouring to obtain the ratification of the Treaty of Neutrality. Signed, Anglesey, Albemarle, Bath, J. Bridgewater, Essex, L. Hyde, Sunderland. 6 pp. [Col. Entry Bk., Vol. XLVI., pp. 398–404.]
Jan. 23.
1280. Heinsius, Dutch Governor of Surinam, to Governor Sir William Stapleton. Further respecting the departure of the English from Surinam, with particular reference to the case of Mr. Thomas Duncombe (see following abstract). ½ p. Dutch. [Col. Papers, Vol. XLIV., No. 13.]
(Jan. 23.) 1281. Thomas Duncombe to [Governor Sir William Stapleton]. The arrival of the Deptford ketch brought us the good news of your care for us, and for the King's subjects in Surinam. Captain Aire, of the Deptford, and myself used all our diligence with the Dutch Governor and Council here to induce him to let the English go on paying their just debts, but they answered that, by a clause in the 5th Article of the last Treaty between the two nations, letters must first be received both from the States and from the King of England. Now that you have begun the good work I hope that you will procure a pass for us from the King. On second thoughts the Dutch Governor has permitted my wife to go with Captain Aire, and also fifty slaves, we being quite ruined in our plantation, and destitute of provisions for our slaves. I enclose a list of the King's subjects here, and on behalf of them all I thank you for your great care of us. Signed. 1 p.
On the back of the foregoing a further letter from Francis Bruninge to Sir William Stapleton. My humble and hearty thanks for your special care of me and your favour to my brother, John Bruninge. I have tried my utmost to leave Surinam in the ketch, but cannot prevail. I beg you to apprise the King of our condition if our liberty cannot be procured otherwise. ½ p. In Duncombe's handwriting but signed, Francis Bruninge. Annexed,
Jan. 23. 1281 i. "A list of the King's subjects now in Surinam, with the number of their slaves." Thirty-nine names, all of men. with the number of slaves belonging to each. 212 slaves in all. Endorsed, Recd. 26 April 1680. [Col. Papers, Vol. XLIV., No. 14, and 14 1.]
Jan. 28.
1282. Order of the King in Council on a Report from the Lords of Trade and Plantations respecting the outrages committed on the English by the Spaniards, as reported in Lord Carlisle's letter of 15th September. Ordered, That representation be made to the Spanish ambassador here, and directions sent to the British envoy in Spain to demand satisfaction for these injuries, which are not only contrary to the rules of common friendship, but also to express articles of treaty. 2½ pp. [Col. Entry Bk., Vol. XXIX., pp. 360–362.]
Jan. 28.
1283. Order of the King in Council. Referring the petition of John Ward to the Lords of Trade and Plantations; the petition being an appeal from the sentence given by the New York Assize Court in favour of the widow of John Winder, now married to John Palmer, whom he had sued for a debt of her former husband's, [Col. Entry Bk., Vol. LXVIII., pp. 45, 46.]